§ 85-167. Development requirements., Article XIII. Affordable and Workforce Housing, Chapter 85. Zoning, Land Use Legislation, Code of Ordinances, Brookhaven

For land use applications subject to this section, a minimum of 10% of all residential lots or dwelling units shall be maintained as affordable and/or workforce housing units. Of the required 10%, at least half of such units shall be designated as affordable homeownership housing or affordable rental housing as defined herein.

(1)

In the case that only one such unit is required, the unit may be designated as workforce homeownership housing or workforce rental housing.

For land use applications subject to this section, the applicant shall receive a density bonus over the density of development. For land use applications involving Multifamily Residence Districts, the density bonus shall be based upon the density of development, and shall not be based upon the proposed density as may be permitted by code.

The number of affordable and workforce housing units to be provided shall be determined as part of any Town Board or Planning Board application, whichever application is processed first.

(1)

The number of affordable and workforce dwelling units required shall be determined by the density of development.

(2)

The density bonus shall not be included as part of the calculation that determines the number of affordable and workforce housing units that constitutes the required 10%.

The provisions of this section shall not apply when an applicant elects a lesser percentage than the maximum allowable density of development in effect as of the date of the application.

In lieu of the requirements set forth in this section, the applicant may seek Town Board approval for an alternate off-site location for the construction of the required 10% affordable and workforce homeownership housing units or affordable and workforce rental housing units, provided the secondary off-site location is within the same school district as the primary market-rate site. Of the required 10%, at least half of such units shall be designated as affordable homeownership housing units or affordable rental housing units as defined herein.

In lieu of the requirements set forth in this section, the applicant may propose the payment of a fee equal to two times the area median income for a family of four for Nassau-Suffolk Counties as determined by HUD for each additional unit which results, or would have resulted, from the density bonus. If such fee exceeds the appraised value of each lot resulting from such density bonus, then such fee shall be equal to the appraised value of the lot or lots for each additional unit created by the density bonus.

(1)

All fees shall be collected by the Commissioner of Housing and Human Services and be paid to the Housing Trust Fund for the specific purpose of financing affordable and workforce housing initiatives that increase the number of available affordable and workforce housing units, including but not limited to renovation to existing homes, downpayment assistance, purchase of land, construction of affordable and workforce homes, purchase of homes, rent assistance, sewer district extension or connection, mortgage assistance, purchase subsidies, and planning studies to identify and implement housing initiatives.

(2)

At the discretion of the Town Board, the Housing Trust Fund may be used to assist another local government within Suffolk County, pursuant to an intermunicipal agreement, to be kept in trust and separate and apart from all other monies of such other local government, for the specific purpose of constructing affordable and workforce housing, acquiring land for the purpose of providing affordable and workforce housing or rehabilitating structures for the purpose of providing affordable and workforce housing within such other local government.

The following shall be established conditions of approval for affordable and workforce housing units, whether or not specifically incorporated into any change of zone, site plan or subdivision approval:

(1)

Unless approved by the Town Board, the units shall not be age-restricted except in the PRC, PRCHC or PDD Districts.

(2)

Thirty percent of the non-age-restricted units shall have two or more bedrooms.

(3)

The exterior of the units shall be of consistent design to those of the rest of the development, as determined by the Planning Board. The units shall be distributed among market-rate housing, except as otherwise provided herein.

(4)

Builder's upgrades shall not be permitted in the units.

Covenants and restrictions. To insure continued compliance with this section, all affordable and workforce housing units shall be subject to covenants and restrictions that run with the land, and restrict the sale, resale and rental of such units in accordance with the requirements of this section. The covenants shall contain any other applicable restrictions established by the Town Board or Planning Board approval.

(1)

The applicant shall enter into a contract with a local housing group to administer the affordability of the housing units, and to monitor the sale, resale and rental of all units for compliance with Town Code and New York State laws.

(2)

All deeds transferring title to affordable homeownership housing units and workforce homeownership housing units shall contain a reference to the Liber and Page of the recorded covenants and restrictions.

(3)

The covenants and restrictions for the affordable homeownership housing units and workforce homeownership housing units shall not apply and shall be deemed extinguished in the following three instances:

(a)

When title is transferred by a court-appointed referee to a commercial bank, savings and loan association, credit union, savings bank, national bank, licensed funding company, licensed mortgage banker or the State of New York Mortgage Agency, its successors and/or assigns (hereinafter referred to as "institutional lenders"), pursuant to the actual foreclosure of their mortgage lien or when the delivery of the deed is directly to such mortgagee by the defaulting mortgagor given in lieu of foreclosure; or

(b)

When title is subsequently transferred by said foreclosing institutional lender to a third party; or

(c)

When title is conveyed to a party by virtue of a deed issued by a referee naming it as the grantee pursuant to the foreclosure of a mortgage loan given by an institutional lender described in the preceding subsection.

(4)

Said covenants and restrictions shall be prepared by the applicant and submitted to the Office of the Town Attorney for approval as to form and content. Upon approval by the Town Attorney, the applicant shall record the covenants and restrictions in the Office of the Suffolk County Clerk, at its own expense, and provide the Commissioner of Housing and Human Services with a copy of the recorded instrument. Covenants and restrictions shall be noted on any map or plan signed by the Chairman of the Planning Board.